PALANIKUMAR PILLAI Vs. PALANI KUMAR PILLAI

JUDGEMENT

(1.) A score and a year ago, the foundation for the present appeals was laid by the institution of a suit for partition in the court of the Subordinate Judge of Tirunelveli. The 6th defendant in the suit is the appellant in both the appeals while the plaintiffs are the respondents.

(2.) It is better to have the genealogy of the family to which the parties belong in order to appreciate the facts comfortably hereunder:-

(3.) There was an earlier litigation in the family in O. S. No. 50 of 1925 which ended in a compromise decree whereby Palanikumar Pillai and his seven sons divided their joint family properties. After the death of Palanikumar Pillai there was a family arrangement on 02-01-1926 under which his second wife Ponnammal was to enjoy the properties described in schedules I and III in the present suit for her life. It was also agreed that after her lifetime, the first schedule was to be taken absolutely by the seven sons of Palanikumar Pillai and the third schedule was to be taken exclusively by Subbiah Pillai the eldest son of Ponnammal. While the appellant is the son of Subbiah by his first wife, respondents 3 to 6 are the sons by his second wife, who is the 7th respondent. The contest in these appeals is one directly between the appellant on the one hand and respondents 3 to 7 on the other.